Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Time for delivery of vacant possession

Legal area

Court

10 Oct 2024

IVORIA DEVELOPMENT SDN BHD 1. ) TAN MING CHUAN 2. ) TAN TIONG KHING

Citation

NA-12ANCvC-7-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

NA-12ANCvC-7-03/2024 (Mahkamah Tinggi)

Summary judgment was properly entered: the SPA (Schedule G) gives plaintiffs a statutory right to liquidated damages; contractual delivery date was 19.10.2019 (pre‑COVID exclusion), defendant's asserted reasons do not raise a triable defence, and plaintiffs have locus standi; therefore defendant has no meritorious defence and appeal is dismissed with costs.
9 Sept 2024

IVORIA DEVELOPMENT SDN. BHD. NG SUAT CHENG

Citation

NA-12ANCvC-8-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

NA-12ANCvC-8-04/2024 (Mahkamah Tinggi)

The appeal is dismissed and the summary judgment below is affirmed because the plaintiff satisfied Order 14 requirements and the defendant failed to raise any triable issue: the SPA is a statutory contract under the HDA preserving the purchaser's right to liquidated damages; the contractual delivery date preceded the COVID‑19 exclusion period so s35 did not apply; the developer's claimed third‑party and operational difficulties do not excuse breach; and the purchaser has locus standi to sue.